Terms & Conditions

These terms and conditions are the contract between you and Impromptu (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

We are Impromptu Limited, a company registered in Ireland, number 706949.

Our address is Doocreggaun, Aughrim, Ballinasloe, Co. Galway, Ireland, H53 TR52

VAT Registration Number: N/A

You are: Anyone who uses Our Website or buys Service from us.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

These are the agreed terms

1. Definitions

“Content”means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Intellectual Property”means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website”means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.It includes all web pages controlled by us.
“Post”means place on or into Our Website any Content or material of any sort by any means.
“Services”means all of the services available from Our Website, whether free or charged.
“Visitor”means anyone who visits Our Website.

2. Interpretation

In this agreement, unless the context otherwise requires:

  1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
  2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
  3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
  4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
  5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
  6. any obligation of any person arising from this agreement may be performed by any other person;
  7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
  8. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
  9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Basis of Contract

  1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
  2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website.
  3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
  4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
  5. Our contract with you and licence to you last for one month or one year from the date of start / payment. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
  6. The contract between us comes into existence when we receive payment from you for a Service.
  7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
    • the change will take effect when we Post it on Our Website.
    • we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
    • if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.

4. Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
  3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

5. If you buy Services as a consumer

This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.

  1. We now inform you that information relating to all aspects of our Services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
  2. The following rules apply to cancellation of your order:
    • If you have ordered our Service but we have not yet started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return any money due to you.
    • If you want us to start work before 14 days has passed, you can opt out of your cancellation right. To do that you have to instruct us to start your work as soon as we can. We have provided a form and a full explanation of the procedure at the end of this document.
    • If you have ordered our Service and we have started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You must tell us that you wish to cancel.
    • if you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.
  3. In any of the above circumstances, we will return any money due to you within 14 days.

6. The price

  1. The prices payable for Services are clearly set out on Our Website.
  2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
  3. Prices are inclusive of any applicable value added tax or other sales tax.

7. Renewal payments

  1. At least four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that you licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
  2. At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for Services or cancel renewal.
  3. At expiry of your Impromptu subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Impromptu subscription for a further period by sending you an email message.

8. How we handle your Content

  1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018.
  2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
  3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  7. Please notify us of any security breach or unauthorised use of your account.

9. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

  1. be unlawful, or tend to incite another person to commit a crime;
  2. consist in commercial audio, video or music files;
  3. be obscene, offensive, threatening, violent, malicious or defamatory;
  4. be sexually explicit or pornographic;
  5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
  7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
  8. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  9. facilitate the provision of unauthorised copies of another person’s copyright work;
  10. link to any of the material specified in this paragraph;
  11. Post excessive or repeated off-topic messages to any forum or group;
  12. sending age-inappropriate communications or Content to anyone under the age of 18.

10. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  1. hyperlinks, other than those specifically authorized by us;
  2. keywords or words repeated, which are irrelevant to the Content Posted.
  3. the name, logo or trademark of any organisation other than that of you or your client.
  4. inaccurate, false, or misleading information;

11. Removal of offensive Content

  1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
  2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  3. If you are offended by any Content, the following procedure applies:
    1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
    2. we shall remove the offending Content as soon as we are reasonably able;
    3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    4. we may re-instate the Content about which you have complained or not.
  4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12. Security of Our Website

If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  3. download any part of Our Website, without our express written consent;
  4. collect or use any product listings, descriptions, or prices;
  5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  7. share with a third party any login credentials to Our Website;
  8. Despite the above terms, we now grant a licence to you to:
    1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

13. Uploading to our servers

  1. You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement to Post to Our Website.
  2. You may not share, let or sub-license space on the servers. (except as an authorised re-seller).
  3. You may not upload to any shared server, any of the following pages, namely those:
    1. pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
    2. pages with very large graphic archives or galleries;
    3. pages offering download archives or large media distribution (>5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
    4. pages running large or busy chat rooms;
    5. pages using more than 8 % of system resources.
  4. You may not send more than 500 email messages per hour.

14. Termination

This agreement may be terminated:

  1. upon either of us giving the other 14 days notice in writing addressed by post to the last known land address or by e-mail to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:
    1. who you are and;
    2. that you have proper authority to cancel and;
    3. the Services you wish to cancel.
  2. when we terminate it, without notice, on account of your failure to comply with these terms.
  3. immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
  4. Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
  5. Termination by either party shall have the following effects:
    1. your right to use the Services immediately ceases;
    2. we are under no obligation to forward any unread or unsent messages to you or any third party;
  6. In the event of such termination by us, we will within 14days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
  7. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

15. Interruption to Services

  1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
  2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
  3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

16. Intellectual Property

You agree that at all times you will:

  1. not cause or permit anything which may damage or endanger our title to the Intellectual Property.
  2. notify us of any suspected infringement of the Intellectual Property;
  3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
  4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
  5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
  6. so far as concerns software provided or made accessible by us to you, you will not:
    1. copy, or make any change to any part of its code;
    2. use it in any way not anticipated by this agreement;
    3. give access to it to any other person than you, the licensee in this agreement;
    4. in any way provide any information about it to any other person or generally.
  7. not use the Intellectual Property except directly in our interest.

17. Bandwidth and data storage

  1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
  2. If your bandwidth and storage requirement exceeds the contractually ordered amount we may in our discretion:
    1. charge the price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date or
    2. if in our opinion your usage puts at risk the continued Services provision to other customers, we may limit the Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.
  3. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
  4. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
  5. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
  6. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

18. Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  3. We make no representation or warranty that the Services will be:
    1. useful to you;
    2. of satisfactory quality;
    3. fit for a particular purpose;
    4. available or accessible, without interruption, or without error;
  4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
  6. We shall not be liable to you for any loss or expense which is:
    1. indirect or consequential loss; or
    2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
  7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
  8. If you become aware of any breach of any term of this agreement by any person, please tell us by state action required. We welcome your input but do not guarantee to agree with your judgement.

19. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. your failure to comply with the law of any country;
  2. your breach of this agreement;
  3. any act, neglect or default by any agent, employee, licensee or customer of yours;
  4. a contractual claim arising from your use of the Services
  5. a breach of the intellectual property rights of any person;

For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at  €100.00 per hour without further proof.

20. Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  1. If you are not happy with our services or have any complaint then you must tell us by email message to support@impromptu.cc or an updated address which you will find on www.impromptu.cc
  2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

21. Miscellaneous matters

  1. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  4. If you are in breach of any term of this agreement, we may:
    1. terminate your account and refuse access to Our Website;
    2. remove or edit Content, or cancel any order at our discretion;
    3. issue a claim in any court.
  5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  7. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

    It shall be deemed to have been delivered:
    1. if delivered by hand: on the day of delivery;
    2. if sent by post to the correct address: within 72 hours of posting;
    3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
  9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
  10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  11. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.

Notice of right of cancellation: Right to Cancel and Model Consent Form

Information about your statutory right to cancel

Your right to cancel

Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

Exception when you opt out

Before we agree to provide our service, we therefore ask that you give up your right to cancel, as the law allows. If you do not agree, we shall not work for you.

If you tick the box on our website to confirm acceptance of this agreement / our contractual terms and conditions, you:

  • confirm that you want us to [allow subscription / supply service] before the expiry of 14 days.

AND

  • confirm that you want us to immediately allow subscription, whether this is incidental to [a service] or sold separately.

AND

  • accept that you will lose your right to cancel the contract.

AND

  • understand that your agreement is a term of the contract between us.

Special additional provisions relating only to domain names

These terms apply when you instruct us to register, renew, transfer in or transfer out, a domain name and are in addition to the terms set out above. You agree to be bound by them.

1. Your undertakings

  1. You acknowledge that it is your sole responsibility to supply accurate and reliable contact details and relevant information as well as name of servers. You undertake to supply such accurate, complete full records and as are required by any relevant registrar and/or registry and to ensure that such details are kept updated and complete at all times.
  2. You warrant that to the best of your knowledge neither the registration nor the use of the domain name infringes the legal rights of any third party and that you are authorised to apply for or renew the domain name.
  3. The registration of a domain name and its continued use is subject (in addition to these terms and conditions) to your continued compliance with the terms and conditions of the relevant registrar and/or registry. You agree to be bound by such terms and conditions, including all rules and policies.

2. Domain name disputes

You acknowledge that:

  1. the registration or use of a domain name does not necessarily entitle us to use that name in a particular context;
  2. your contract with a relevant registrar and/or registry may provide that the registrar and/or registry may take action which might include:
    1. the suspension or revocation of your application for a domain name or.
  3. You now therefore agree to indemnify us against all costs, claims and expense, including the reasonable cost of management time, in respect of any event, act or omission we may be required to take by any third party with jurisdiction, including a domain name registrar and/or registry.

3. Action on your default

We may in our absolute discretion cancel, take ownership, dispose of and/or refuse to register, release or renew any domain name if:

  1. our fees in respect of that domain name are overdue;
    1. we are required to do so by regulation or competent authority;
    2. it is otherwise permitted under these terms and conditions

4. Domain name registration

  1. We will attempt to register a domain name on your instruction and to notify you of the outcome.
  2. We do not warrant or guarantee that any domain name will be registered or is capable of registration.
  3. We are not liable to you in the event that you act upon an anticipated registration before you have received confirmation from us that the domain name has been registered to you.
  4. Immediately you receive from us notice of registration, you should check the registration particulars and, the event of error, inform us immediately.

5. Domain name renewal

We will not renew a domain name (leaving you solely responsible for renewal) for which we do not receive a renewal notice. Without limitation, we may not receive a renewal notice:

  1. because we are not named as the billing contact;
  2. because the relevant registrar and/or registry sends the renewal invoices direct to you;
  3. if the domain name has been transferred to another Internet Service Provider.

6. Domain name transfer in

  1. If we have to transfer your domain name from another Internet service provider to our servers, you understand that:
    1. we will charge additional cost for this service;
    2. the transfer may take from 5 to 60 days
  2. You warrant that you have the full and complete authority of the legal owner of the domain name and you agree to indemnify us against all costs, awards and damages resulting from the transfer and/or that may be brought about by a third party.

7. Domain name transfer out

If we receive a request from you or the registrant to transfer a domain name from ourselves to another Internet service provider or to change the name servers listed for the domain name, the following procedure applies:

  1. we will affect the transfer or name server change;
  2. you acknowledge that the registrant is able to effect a transfer direct with the relevant registrar and/or registry in certain circumstances and that we may not be able to provide you notice of the transfer.
  3. we shall remove ourselves as the billing, technical or other contact;
  4. any websites at the domain name may become inaccessible;
  5. e-mail and web forwarding Services will be cancelled and e-mail may be lost;
  6. all other Services you have purchased from us for use with the domain name will be cancelled;
  7. you will not be entitled to any refund for any used period of any Services;
  8. you agree that we shall be released from all subsequent obligations, claims, liabilities or demands arising out of or in relation to that domain name.

Explanatory notes:

Website terms and conditions template: continuous IT service provision

General notes

1. About the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013

For a business which deals with subscription services, the Regulations are quite complicated.

To keep it simple, if you sell services recurring and subscription basis, you are treated as a service provider. Somewhat similar provisions will be applicable to you for supply of other services (if any) too. In short you must comply with the Regulations in respect of services.

The main provisions which affect your business are first, provision of information relating to service and your identity; and second, the cancellation provisions.

Here is a short version:

a. description of the main characteristics of the services;

b. the total price of the services inclusive of VAT;

c. Your identity, land address and full contact details;

d. the arrangements for payment and supply of service;

e. the telephone cost of communicating with you when it is not calculated at the basic rate;

f. the existence of your customer’s right to cancel the contract; and the conditions, time limit and procedure for exercising that right;

g. whether, if the customer exercises the right to cancel, he must pay money to your sellers for part done work;

h. the circumstances under which the customer loses the right to cancel.

Next, we will tell you about the cancellation provisions.

If a consumer at any time chooses to purchase a subscription service (recurring) from you, he may cancel his order within 14 days without giving any reason. When he cancels the order, you must give him his money back within 14 days after receiving the cancellation order. But there is a way out. If the customer instructs you to supply the service (in your case, immediately activate his subscribed account) before the 14 day period expires, and provided you have warned the customer that he will lose his right to cancel, then the customer has opted out and lost his right to cancel. The opt-out is valid only if you follow the full requirements of the Regulations to the letter.

Please note: Because you operate a website business, we have assumed you will not want to set up a system which allows for the 14 day cooling-off period. That means your customer must instruct you to start earlier and acknowledge that he will lose his right to cancellation. This document is drawn around that assumption.

2. What you need to do to comply with the Data Protection Act 2018

The Act applies to all personal data you collect, use or store. The scope includes data about any INDIVIDUAL.

We have drawn a comprehensive privacy notice. It reassures your website visitors that you take their privacy seriously. More importantly, your adopting it will prompt you to make whatever changes are necessary in your day to day business. You can download it at https://www.netlawman.ie/d/website-privacy-policy

For this terms and conditions document, you do not have to explain to customers that you comply with law – any more than you would tell them you comply with any other law. This document is your legal contract with your customer or client.

Nonetheless, if a customer or client takes the trouble to read this T&C document, the reason is probably because they seek re-assurance. For that reason, and not for any legal reason, we have included a few points of information. There is no reason why you should not do so too. If you do, we strongly advise to keep them very short and that you check most carefully that you are not adding text that could result in your contravening the Act.

As a vastly reduced summary, the important areas of the Act to consider are:

  • you do not have a provision where you are assuming implied consent of customer to use his information in the way you think fit;
  • if you allow a user to post information to your website, you may not process, edit or change that information without express consent, if such information include his name, address, image etc.
  • Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user’s data.
  • The most important elements of data to consider are personal data and any data which you want to use – for example as a testimonial.

You may find full list at:

https://www.dataprotection.ie/docs/GDPR-Overview/k/1623.htm

We have drawn this terms and conditions document on the assumption that you would make practical changes on your website and use an updated privacy notice. So as to allow you to run your business seamlessly while complying with the Act.

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